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1957 Supreme(Ker) 325

KOSHI, M.S.MENON
Travancore Rubber and Tea Co. Ltd. – Appellant
Versus
CAIT, Trivandrum – Respondent


Judgment :-

1. These references under S.60(1) of the Travancore-Cochin Agricultural Income-tax Act, 1950, raise a common question regarding the interpretation of S.5 0) of the said enactment. The assessee in I. T. R. Nos. 15 (assessment year: 1953-54), 18 (assessment year: 1951-52) and 19 (assessment year: 1952-53) is the Travancore Rubber & Tea Company Ltd., Alleppey; and the assessee in I T. R. No. 16 (assessment year year: 1953-54) is the Murphy Elites Ltd., Pathirapally. In I. T. R. Nos. 15 and 16 the Appellate Tribunal (Sri. Nandana Menon) rejected the contention of the assessees and dismissed the appeals and in I.T. R. Nos. 18 and 19 the Appellate Tribunal (Sri Velu Pillai) accepted the contention of the assessee and allowed the appeals.

2. The question arising for decision is identically worded in all the four references, the only difference being as regards the accounting years and the amounts concerned. The question referred in I. T. R. No. 15 of 1955 reads as follows:

"Whether under the Travancore-Cochin Agricultural Income-tax Act, 1950, in calculating the assessable agricultural income of a rubber estate already planted and containing both mature yielding rubber trees and





























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